Suspension. Transfer to an “alternative school”. Expulsion. These are serious matters that can have long-lasting repercussions. Fortunately, all students have rights when their schools try to impose these disciplinary consequences on them. We can help you know and exercise those rights, deal with your school district, and obtain the best outcome possible under the circumstances.
There are special rules that govern the disciplinary transfer or exclusion from school of students who have disabilities. The 1997 amendments to the IDEA added discipline provisions and codified school district’s obligations to educate all children with disabilities, including those with behavioral problems. A cornerstone of the law is that if a student with a disability exhibits behavior that is a manifestation of that disability, the behavior must be treated as an educational issue, and the student must be provided with appropriate supports and services in the school. An equally important component of IDEA requires the provision of a free and appropriate public education (“FAPE”) to all children with disabilities … between the ages of 3 and 21 … including children with disabilities who have been suspended or expelled from school.” Both the IDEA and Pennsylvania school law establish special procedures for certain changes in placement, including removals from the school environment, such as suspensions or expulsions for disciplinary reasons.
When you face a disciplinary issue in either regular or special education, our experienced attorneys will guide you through the discipline process. We will gather pertinent information during your initial appointment. We will conduct a thorough review of your educational records. We will develop an action plan to address the discipline dispute you have with your district. We will have your back, every step of the way.
We are available to speak to your organization or group on a variety of education and estate planning topics free of charge. We also sponsor free seminars throughout the year. For more information, click here, or call us at 215-830-5025.